Montont Developments Inc. v Plourde

Landlord wins · Toronto · 2025-09-04

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4), Notice of Rent Increase (N1)

Amount

<$5K

Landlord

Montont Developments Inc.

Tenant

C.P., K.L.

Landlord rep

Louis Ourique

What happened

The Landlord applied to terminate the tenancy and evict the Tenants due to non-payment of rent. The primary dispute centered on the validity of an N1 Notice of Rent Increase. The Tenants argued the notice was invalid because it was served via email without their prior written consent and was served before the 12-month anniversary of the tenancy. The Landlord provided evidence of service via both email and mailbox. The Board determined that the 12-month rule was satisfied and that, while email service was not consented to, the notice was deemed valid under section 191(2) because the Tenants acknowledged receiving it.

The ruling

The tenancy is terminated effective September 15, 2025. The Tenants may void the eviction by paying $3,221.00 by September 15, 2025. If the Tenants move out, the Landlord actually owes the Tenants $2,830.16 because the rent deposit and interest exceed the arrears and filing fee, though the Landlord may deduct $90.97 per day for continued occupation after the hearing.